The Native Territories Penal Code (NTPC) was passed by the Parliament
of the Cape of Good Hope in 1886. It was part of the administrative
machinery of the Cape colonial authorities for the
Xhosa speaking people who occupied the area between the Great
Kei and the Mtamvuna Rivers. However, it became the criminal
code applicable to all people living in the Transkeian
Territories regardless of race or colour. The Code was
enacted â– following the recommendations of the Cape Government
Commission on Native Laws and Customs (1883).
Quite unexpectedly this Code exerted a great deal of influence
on South African criminal law especially after union was formed
in 1910. This was because the code was a document readily
available to judges and magistrates in South Africa, and
when a difficult question of law arose it was all very easy
to say that the South Africa law on the point was as laid
down in a particular section of the Code. In this way the
Code also assisted in the importation of English law into
South African lav;. Text book writers like Gardiner and Lansdown
also contributed to the influence of the NTPC on South African
criminal law.
As time went on, however, South African jurists saw the mistake
of the NTPC being recorded as a correct reflection of South
African law in particular areas and set out to correct the
position. Prominent among these are De Wet & Swanepoel and
P.M.A. Hunt. They achieved a great measure of success in
watering down the influence of NTPC on South Africa law ,
although it cannot be said that they eradicated it.
So strong was Che influence of this Code that it was felt
even as far away as Rhodesia and Bechuanaland (as they then
w e r e ). / Criminology and Security Science / LL. D. (Criminology)
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/18258 |
| Date | 18 February 2015 |
| Creators | Koyana, Digby Sqhelo |
| Contributors | Middleton, A.J., Vorster, L.P. |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
| Format | 1 online resource (xxi, 350 leaves), application/pdf |
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